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Abu Taher Vs. State, 2005, 34 CLC (HCD)
.... the husband that at his hands the wife died. To make the husband liable, the minimum fact that must be brought on record, either by direct or circumstantial evidence, that he was in the house at the relevant time." 23. In the case of State vs. Mofazzal Hossain Pramanik reported in 43 DLR (AD) 65......ted in any other case. Send down the lower Court's records at once with a copy of the judgment for information and taking necessary action. Ed. This Case is also Reported in : 58 DLR (2006) 34. ......lant Vs. State ………………………………………………………...Respondent Judgment January 12, 2005. Cases Referred to- State vs. Md. Shafiqul Islam alias Rafique and another, 43 DLR (AD) 92, State vs. Mofazzal Hossain Pramanik, 43 DLR (AD) 65, State vs. Khadem M......ted in any other case. Send down the lower Court's records at once with a copy of the judgment for information and taking necessary action. Ed. This Case is also Reported in : 58 DLR (2006) 34. ..Category: Criminal Law | Date: | Hits: 41
World Tel Bangladesh Ltd. Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
.... months after the commencement of this Act or before the expiry of the validity period of the said document, whichever is earlier, apply to the Commission along with the original of that document and relevant information for the purpose of obtaining an order under sub-section (3). (3) If the Com......discharged without any order as to costs. The order of status quo granted at the time of issuance of the Rule is hereby recalled and vacated. Ed. This Case is also Reported in: 58 DLR (2006) 14....... Present: Syed Mahmud Hossain J Quamrul Islam Siddiqui J World Tel Bangladesh Ltd………………………………………………………Petitioner Vs. Government of Bangladesh and others…………………………………Respondents. Judgment April 23, 2005. Case......discharged without any order as to costs. The order of status quo granted at the time of issuance of the Rule is hereby recalled and vacated. Ed. This Case is also Reported in: 58 DLR (2006) 14...Category: Information Technology Law | Date: | Hits: 321
....e treated in one way and the petitioner is treated in another way in imposing supplementary duty on an item which is now essential item of the household affairs. It is further contended that from the relevant note sheet it is also clear that while granting exemption from payment of supplementary dut...... any lawful authority and are of no legal effect.
In view of the facts and circumstances of the cases there will be no order as to cost.
Ed.
This Case is also Reported in: 58 DLR (2006) 5.
......ussain Haider J
Hayes Haier Appliance Company Ltd. … …………………………………………………….Petitioner
Vs.
Secretary, Internal Resources Division, Ministry of Finance and others....................... Respondents.
Judgment
August 5, 2005.
Cases Referred to-
...... any lawful authority and are of no legal effect.
In view of the facts and circumstances of the cases there will be no order as to cost.
Ed.
This Case is also Reported in: 58 DLR (2006) 5.
..
Category: Fiscal/Taxation Law | Date: | Hits: 81
Selim Reza Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
....Rule is made absolute without any order as to costs. The office is directed to communicate this order to the respondents for information. Ed. This Case is also Reported in: 58 DLR (2006) 1. ......Rule is made absolute without any order as to costs. The office is directed to communicate this order to the respondents for information. Ed. This Case is also Reported in: 58 DLR (2006) 1. ......isdiction) Present: Md. Joynul Abedin J AKM Asaduzzaman J Selim Reza ………………………………………………………………Petitioner Vs. Government of Bangladesh and others………………………. Respondents. Judgment August 13, 2005. Lawyers Invol......tended to be offered by the petitioner) by way of Call Deposit to the respondent No. 6, UNO, with a view to participate in the 4th tender due to be held on 13-4-2005, he could not purchase the tender documents and participate in the tender due to the interference and obstruction created by some loca..Category: Others | Date: | Hits: 114
.... and the writ petition was not maintainable has no substance.
In the result, the Rule is made absolute with any order as to costs.
Ed.
This Case is also Reported in: 53 DLR (HCD) (2001) 506.
......ame from the Government and it was therefore rightly recorded in its name in the record of right. The petitioner having received notices of the said mutation appeal, contested the same submitting all papers, namely, the judgments and decrees passed by the Civil Courts including the Appellate Divisio......
(Special Original Jurisdiction)
Present:
Md. Joynul Abedin J
ABM Khairul Haque J
Abdul Moin ……………Petitioner
Vs.
Bangladesh represented by the Secretary, Ministry of Land, Secretariat Building & others. ………………….Respondents.
Judgment
March 28, ...... and the writ petition was not maintainable has no substance.
In the result, the Rule is made absolute with any order as to costs.
Ed.
This Case is also Reported in: 53 DLR (HCD) (2001) 506.
..
Category: Property Law | Date: | Hits: 95
Annada Prosad Das Vs. DC, Khulna and others, 2001, 30 CLC (HCD)
.... that the plaintiff was and is very much a resident of Bangladesh. It also has been found by the appellate Court that the voter list prepared in 1970 also does not include his name. This finding is irrelevant because it is also admitted that he left this country in 1965 and came back after liberatio......ngladesh for safety of his life and after liberation of Bangladesh, the plaintiff came back to Bangladesh. The defendant No.4, an enemy of the appellant, filed Title Suit 848 of 1969 fabricating some papers with intention to grab the property of the appellant and to drive him away from Bangladesh, g......CD) (2001) 496.......ppeal is allowed, the judgments and decrees of the Courts below are set aside and the suit is decreed in full. No order as to costs. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 496...Category: Immigration and Citizenship Law | Date: | Hits: 190
Parul Bala @ Parul Rani Shah Mondol Vs. Suruj Miah and others, 2001, 30 CLC (HCD)
....nfirmed by the certificate officer legally. 26. In this case, P.W.1 Mahendra Kumar Ghose, the father of the plaintiff No.1, deposed elaborately giving the true picture of the entire action and the relevant portion of his deposition has been quoted by the appellate Court and it may be made again f......)68 is disposed of accordingly, the judgments and decrees of, the Courts below are set aside. The suit is decreed in full. No costs. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 481.......2001) 481.......as claimed by the defendant No.2 that the suit property was joint property and was earned as such and he was acting as the karta and manager of the joint Hindu Family. 11. Both parties filed their documents and examined the local witnesses to prove their respective cases. 12. The suit was dism..Category: Property Law | Date: | Hits: 83
Nizam Hazari Vs. State, 2001, 30 CLC (HCD)
.... afford corroboration to the interested testimony yet in the body of the evidence it has its own significance. In Mobarak Hossain Vs. State, 1981 BLD 286 it is stated that abscondence of accused is a relevant fact under section 9 of the Evidence Act and unless accused explains his conduct abscondenc...... is concealing himself so that he cannot be arrested and produced before it for trial and there is no immediate prospect of arresting him, it shall, by order publish in at least two Bengali daily newspapers having wide circulation, direct such person to appear before it within such period as may be ......State ………………Respondent. Judgment May 2, 2001. Result: The appeal is dismissed. Evidence of police personnel It is a matter of common knowledge that now-a-days impartial and independent witnesses do not dare to come forward to give evidence against offenders, specifical......nal No.14, Chittagong in Special Tribunal Case No.757 of 1999 stand maintained. Lower Court Records be sent down immediately. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 475. ..Category: Criminal Law | Date: | Hits: 58
Milon @ Shahabuddin Ahmed Vs. State, 2001, 30 CLC (HCD)
.... instance of the informant. He also stated that the deceased had the capability to disclose the names of his assailants. 8. P.W.3 Abdul Mannan was a student of Chittagong Government College at the relevant time and he stated that in the evening of 1-7-1979 he and Shafiqur Rahman went to the house...... Ahmed are hereby maintained. Send down the lower Court records along with a copy of this judgment to the Court concerned at once. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 464. ......oner Vs. State……….Opposite Party Judgment July 2, 2001. Cases Referred To- Kalyan Kumar Chowdhury Vs. The State, 1989 BLD (AD) 12; State Vs. Tota Mia, 51 DLR 244; Alkas Mia and others Vs. The State, 25 DLR 398; Alamgir Hossain (Md.) alias Alamgir Hossain and another Vs. St...... Ahmed are hereby maintained. Send down the lower Court records along with a copy of this judgment to the Court concerned at once. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 464. ..Category: Criminal Law | Date: | Hits: 35
Abdus Sukur (Md.) and others Vs. Bhasani Mandal and another, 2001, 30 CLC (HCD)
....gment and decree of the Court of appeal below are set aside and those of the trial Court are hereby restored. Send down the records. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 452....... to the subsequent purchasers and they did not acquire any title; and that the plaintiffs failed to prove their title in the suit land and their deeds (exhibit 9 series, numbering 30) are nothing but papers. 14. In the next breath, the appellate Court however held that by the impugned sale deed (......53 DLR (HCD) (2001) 452.......No.51 of 1997 are liable to be set aside as void and not binding upon the plaintiffs or not. Plaintiffs examined 6 witnesses while defendant No.1 examined 2 witnesses including himself. Plaintiffs’ documents were marked as exhibits 1 to 12 series while those of the defendant No.1 exhibit No. ‘Ka..Category: Property Law | Date: | Hits: 75
Seastar Shipping Lines Ltd. Vs. Bangladesh & others, 2001, 30 CLC (HCD)
....te of receipt of this order. A copy of this order be sent forthwith to the Prime Minister’s Secretariate and the Ministry of Food. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 449.......curred a huge loss to the tune of Taka 10 crore for supply of such damaged as well bad quality of cargo of rice. 6. It appears from the writ petition as well as the affidavit-in-opposition and the papers filed therewith that mainly the respondent No.5 as supplier of the cargo was responsible to m......2000. Judgment Md. Joynul Abedin J.- This Rule Nisi was issued calling upon the respondent Nos.1-3 to show cause why the impugned order, Annexure-K, detaining the vessel ‘MV Vishva Kaumudi’ and restraining her from leaving the territorial waters of Bangladesh should not be declared to have......te of receipt of this order. A copy of this order be sent forthwith to the Prime Minister’s Secretariate and the Ministry of Food. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 449...Category: Admiralty Law or Maritime Law | Date: | Hits: 212
State Vs. Md. Shamim alias Shamim Sikder and others, 2000, 29 CLC (HCD)
....ure list Exhibit 5(1). In his cross-examination he stated that he could not say what alamat was seized. 22. P.W.11 Dr. Shah Alam was attached to Forensic Medicine Department of the Hospital at the relevant time. He held post mortem examination over the dead body of deceased Alok brought and ident......der alias Md. Ratan are allowed and they are found not guilty to the charges levelled against them and they are acquitted in this case. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 439.......ourt High Court Division (Criminal Appellate Jurisdiction) Present: MM Ruhul Amin J Md. Joynul Abedin J State ……………..Petitioner Vs. Md. Shamim alias Shamim Sikder and others…………..Opposite Parties. Judgment November 13, 2000. Cases Referred To- ......der alias Md. Ratan are allowed and they are found not guilty to the charges levelled against them and they are acquitted in this case. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 439...Category: Criminal Law | Date: | Hits: 50
Gurvinder Singh Vs. Secretary, Ministry of Finance and others, 1992, 21 CLC (HCD)
....ssued by respondent No.3 directing him to appear before him at 10-00 AM on 27-4-92 regarding payment of his tax for the year 1990-1991 and 1991-1992. The petitioner appeared before the office and the relevant papers was produced to respondent No.3 showing that the petitioner is not liable to pay tax......respondent No.3 directing him to appear before him at 10-00 AM on 27-4-92 regarding payment of his tax for the year 1990-1991 and 1991-1992. The petitioner appeared before the office and the relevant papers was produced to respondent No.3 showing that the petitioner is not liable to pay taxes in Ban...... High Court Division (Special Original Jurisdiction) Present: Anwarul Haque Chowdhury J KM Hasan J Gurvinder Singh…………..Petitioner Vs. Secretary, Ministry of Finance and others…………..Respondents. Judgment July 8, 1992. Lawyers Involved: Masood R ......g to double taxation. Moreover, he is not a resident of Bangladesh for the purpose of taxes. A date was fixed for hearing and to determine as to whether he is liable to pay taxes and on that date the documents submitted was the amended letter dated 24-4-92 issued by the Ministry of Industries showin..Category: Fiscal/Taxation Law | Date: | Hits: 98
Hamza Rubber Industries Vs. Golam Dastagir Gazi, 2001, 30 CLC (HCD)
....rade Marks Act, 1940 apart from the balance of convenience. It must also be noted that the concept of ‘prima facie’ case, as we generally understand by the phrase in civil proceedings, is no more relevant in Trade Marks cases. 9. In American Cyanamid Co. Vs. Ethicon Ltd. 1975(1) All ER 504 (H......nts would be ruined. Mr. Bhuiya submits that no amount of investment of money will entitle the defendants in law to infringe the Trade Mark of the plaintiff. He also submits with reference to various papers filed that the device being used by the defendants nearly resembles the registered Trade Mark......esent: Md. Abdur Rashid J Hamza Rubber Industries………. Appellant Vs. Golam Dastagir Gazi ……….. Respondents Judgment June 28, 2001. Cases Referred To- Abdul Jabbar and another Vs. Ahmad Jan, PLD 1973 Karachi 289; Messers Burney’s Industrial and Commercial Co. Lt......rain the defendants from using a Trade Mark even nearly resembling to that of the plaintiff. 16. On the infringement, both the learned Counsels submitted at length by submitting various papers and documents in support of their respective cases. Now the question is, whether the plaintiff could hav..Category: Intellectual Property Law | Date: | Hits: 230
....e Government is not bound by a decree passed in a suit for specific performance of contract. In this connection reliance may be made in the case of CQM Md. Ayub Ali Vs. Bangladesh 47 DLR (AD) 71. The relevant portion of the judgment of the said case is as follows:
“The decree in a suit for spec......ons stated here in above the Rule is liable to be discharged.
In the result, the Rule is discharged without any order as to cost.
Ed.
This Case is also Reported in: 53 DLR (HCD) (2001) 426.
......(Special Original Jurisdiction)
Present:
Syed JR Mudassir Hussain J
Syed Mahmud Hussain J
Hamayet Uddin Ahmed………….….Petitioner
Vs.
First Court of Settlement, Bangladesh Abandoned Building & others..………….Respondents
Judgment
May 8, 2001
Cases Referred......ons stated here in above the Rule is liable to be discharged.
In the result, the Rule is discharged without any order as to cost.
Ed.
This Case is also Reported in: 53 DLR (HCD) (2001) 426.
..
Category: Property Law | Date: | Hits: 103
Progoti General Insurance Co. Ltd. Vs. Commissioner of Taxes, 2000, 29 CLC (HCD)
....ormulated by us in the negative and in favour of the assessee petitioner. There will be no order of cost. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 424, 53 DLR (HCD) (2001) 531. ......ioner applied its income to discharge its obligation as imposed upon it by section 3 of Ordinance No. XLIII of 1985 and therefore he supports the impugned order. 6. Perused the application and the papers annexed therewith and the impugned order and also considered the submissions made by the lear......€¦..Respondent. Judgment June 11, 2000. Cases Referred To- Meghna Petroleum Co. Ltd. Vs. CIT 26 BTD (AD) 74 = 50 DLR (AD) 165; Shitaldas Tirathdas 41 ITR 367; Kerala Vs. Travancore Sugars and Chemicals Ltd. 90 ITR 3O7. Lawyers Involved: AFM Ferojuddin Bhuiyan, Advocate—For the Ap......ormulated by us in the negative and in favour of the assessee petitioner. There will be no order of cost. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 424, 53 DLR (HCD) (2001) 531. ..Category: Fiscal/Taxation Law | Date: | Hits: 104
Mainuddin Chowdhury & others Vs. State and another, 2001, 30 CLC (HCD)
....ormant Md. Kabir Ahmed Opposite Party 2 has neither filed any counter-affidavit nor opposed this Rule at any time. 6. We have heard the learned Advocate for the accused-petitioners and perused the relevant papers enclosed with the petition vide Annexure A-I series. The first information report of....... Kabir Ahmed Opposite Party 2 has neither filed any counter-affidavit nor opposed this Rule at any time. 6. We have heard the learned Advocate for the accused-petitioners and perused the relevant papers enclosed with the petition vide Annexure A-I series. The first information report of this cas...... Court Division (Criminal Revisional Jurisdiction) Present: Md. Abdul Aziz J Hasan Foez Siddique J Mainuddin Chowdhury & others…………………..Petitioners Vs. State and another…………………..Respondents Judgment April 19, 2001. Cases Referred To- ......itioners No.4 be enlarged on bail to the satisfaction of the Deputy Commissioner, Chittagong, if not wanted in any other connection. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 416. ..Category: Criminal Law | Date: | Hits: 43
....ered in the negative, and against the Revenue.
Accordingly, the reference is answered in the negative. There will be no order as to costs.
Ed.
This case is also Reported in: 52 DLR (2000) 484.......ses the Rule.
4. We have perused the orders passed by the Deputy Commissioner of Taxes, Appellate Joint Commissioner of Taxes and the Taxes Appellate Tribunal and perused the application and other papers annexed thereto and considered the submissions made by the learned Advocate for the applicant......Ed.
This case is also Reported in: 52 DLR (2000) 484.......ered in the negative, and against the Revenue.
Accordingly, the reference is answered in the negative. There will be no order as to costs.
Ed.
This case is also Reported in: 52 DLR (2000) 484...
Category: Fiscal/Taxation Law | Date: | Hits: 101
Abdul Mannan and another Vs. Bangladesh, 1999, 28 CLC (HCD)
....otice upon concerned objectors. Accordingly, notices were served upon them and they were given opportunity of hearing before the prescribed authority. The learned Deputy Attorney-General places other relevant documents before us from the office file and submits that the prescribed authority after he...... Petition No.2259 of 1998 are discharged without any order as to costs. The order of stay granted earlier in both Rules are hereby vacated. Ed. This case is also Reported in: 52 DLR (2000) 471. ......his case is also Reported in: 52 DLR (2000) 471. ......ements made in the affidavits-in-opposition by the said respondents. The petitioner asserts that the memorandum dated 17-2-99 (Annexure-H) was issued by the Thana Statistical Officer which is a valid documents and in support of his contention he annexed a memo No.91 dated 7-6-98 issued by the Thana ..Category: Election Law | Date: | Hits: 97
A Rouf Chowdhury and another Vs. Bangladesh and others, 2000, 29 CLC (HCD)
.... 41. In order to appreciate the submission on behalf of the parties on the above issue, we feel it necessary to consider the scheme of the Building Construction Act, shortly. 42. It would also be relevant to note that the Rajdhani Unnayan Kartripakkha, RAJUK, created under the Town Improvement A......n view of our decision, the order issued earlier directing the parties to maintain status quo in respect of construction is hereby vacated. Ed. This case is also Reported in: 52 DLR (2000) 461. ......s case is also Reported in: 52 DLR (2000) 461. ......n view of our decision, the order issued earlier directing the parties to maintain status quo in respect of construction is hereby vacated. Ed. This case is also Reported in: 52 DLR (2000) 461. ..Category: Property Law | Date: | Hits: 125
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