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Mohammad Ullah Vs. Sessions Judge, Noakhali, 2005, 34 CLC (AD)
.... in Miscellaneous Case No. 353 of 1996 for fresh trial of G.R. Case No. 1 of 1983 is hereby quashed to secure ends of justice. Ed. This Case is also Reported in: (XVI) BLT (AD) 34. ......rial does not bar a subsequent trial of the accused. But we find it difficult to accept the submission because it is now well settled that either to attract Article 35(2) of the Constitution or the provisions of section 403(1) of the Code of Criminal Procedure the first trial must have been befo..Category: Constitutional Law | Date: | Hits: 109
Muhammad Ismail Vs. Md. Rafiqul Islam and others, 2007, 36 CLC (AD)
.... Mihir Kumar Podar Vs. Zhunu Rani Saha, 37 DLR (1985) 227 that the "examination of the complainant on oath, when taking cognizance of an offence under section 200 of the Code of Criminal Procedure is mandatory. Failure to do so renders the proceeding liable "to be quashed". In the case of Anath Mond...... with the said S.T. Case No. 381 of 1999 from the stage at which it was stayed by the High Court Division. The appeal is therefore allowed. Ed. This Case is also Reported in: 16 BLT (AD) 24. ..Category: Criminal Law | Date: | Hits: 105
Mrs. Saju Hossain & Others Vs. Government of the People's Republic of Bangladesh, 2004, 33 CLC (AD)
....all stages. The respondents are directed to comply the court's order within 4(four) months from receipt of the judgment Ed. This Case is also Reported in: II ADC (2005) 506; 16 BLT (AD)(2008)5. ...... the eye of law. The High Court Division considÂering that the Defense of Pakistan Ordinance and Rules came in the year 1965 were repealed in the year 1969 but by Ordinance No. 1 of 1969 some of the provisions of the Defence of Pakistan Rules were kept alive and continued and thereafter by Act No. ..Category: Property Law | Date: | Hits: 40
Dr. Zahirul Haque Bhuiyan & others Vs. Dr. Shamsuddin Jahangir & another, 2007, 36 CLC (AD)
....s misconceived. The High Court Division accordingly rightly discharged the Rule. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 537. ....... Fatema Begum, Metropolitan Magistrate, Dhaka for disposal. The trying Magistrate framed charge in absence of the accused under section 500/501 of the Penal Code on 20.01.2002 and proceeded as per provisions of Section 339-B(2) of the Code of Criminal Procedure and fixed 09.05.2002 for examinat..Category: Criminal Law | Date: | Hits: 42
Hefazatur Rahman Tipu and others Vs. Forkanul Islam and others, 2007, 36 CLC (AD)
....n did not commit any illegality or infirmity so as to call for any interference. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 443. ......ion praying for adjournment which was rejected and the plaintiff respondent No.1 having not taken any step for hearing the learned Assistant Judge by order dated 26.11.2006, in terms of the amended provisions of Order 39 rule 5(A) (3) CPC rejected the prayer for time and recalled the above order ..Category: Property Law | Date: | Hits: 26
Bombay Sweets & Co. Ltd. Vs. President, Appeal Tribunal, Customs, Excise & VAT, 2007, 36 CLC (AD)
....ed notice dated July 21, 1997, that the appeal would be heard on April 20, 1998 and on that date it was submitted by the petitioner that as per provisions of Section 42(4) of the VAT Act, 1991 the mandatory period for disposal of the appeal within 6 (six) months having had expired the appea......oner was directed to pay the VAT within 7 (seven) days and the penalty immediately, that as against the order of the respondent No.2 an appeal was filed before the writ respondent No.1 as per provisions of Section 42 of the VAT Act, that the appeal-was filed on December 8. 1996, that the ap..Category: Fiscal/Taxation Law | Date: | Hits: 69
Government of Bangladesh Vs. Dhaka Memon Anjuman, 2007, 36 CLC (AD)
....ubstance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 349, 20 BLT (AD) (2012) 7.......thorized possession of the case property by the illegal occupants; that alleged enlistment, if any, of the case property in 1997 as vested property by the writ-respondents is a clear violation of the provisions of law and colourful exercise of power. It is evident that the V.P. case in question was ..Category: Property Law | Date: | Hits: 33
Most. Nurun Nahar Begum Vs. M. Abu Mohammad and others, 2007, 36 CLC (AD)
....of the learned Advocate for the petitioner. Accordingly, this petition is dismissed without any order as to cost. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 287. ......ubmits that the learned Single Judge of the High Court Division has not applied his judicial mind properly that the doctrine of lis pendens as contemplated in Section 52 does not run counter to the provisions of Section 40 of the Transfer of Property Act contemplating reconveyance till final orde..Category: Property Law | Date: | Hits: 33
Raisuddin Vs. Md. Abdul Munim Chowdhury & another, 2008, 37 CLC (AD)
....livery of possession was made before the Court in respect of preempted land. The High Court Division further observed that Section 96(9)(c) of the State Acquisition and Tenancy Act does not make it mandatory on the part of the pre-emptor to make any application for formal delivery of possession a......sion upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 285. ..Category: Property Law | Date: | Hits: 30
M/S. Uttara Steel Corporation Ltd & anr Vs. Learned Judge, Artha Rin Adalat & ors, 2007, 36 CLC (AD)
.... of the learned Advocate for the petitioner deserves no consideration. The petition, accordingly, is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 266. ......not at all liable. 3. The Respondent Bank filed Artha Rin Suit No. 33 of 1999 in the Court of Sub-judge and Artha Rin Adalat No. 2, Nilphamari for realization of their claim amount under the provisions of Artha Rin Adalat Ain, 1990 and has been tried by the same Court under the said provi..Category: Civil Law | Date: | Hits: 89
Mohammad Iqbal Ahmed Bhuiyan Vs. Sultan Mahmud Chowdhury, 2007, 36 CLC (AD)
....firmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 262. ......n 105 of the Transfer of Property Act 1882. The above lease must be deemed to be in perpetuity and accordingly the above lease could be determined or terminated only by six months notice under the provisions of section 106 of the above Act 1882 and in the above circumstances the respondent No.1 ..Category: Property Law | Date: | Hits: 27
Korea Bangladesh Food Products Limited Vs. National Bank Limited and others, 2008, 37 CLC (AD)
....e is guided by the provision of Section 41(2) of the Artha Rin Adalat Ain, 2003. Referring to Section 41(2) of the Artha Rin Adalat Ain, 2003 he submitted that 50% deposit of the decretal amount is mandatory. Without such deposit and endorsement in the memo of appeal, the appeal can neither be r......in Adalat Ain applies the Code of Civil Procedure to all proceedings under Artha Rin Adalat Ain, 2003 unless it can be shown that a particular provision of CPC is repugnant to the Ain and that the provisions of Order 21 Rule 90 and Rule 66 of the Code of Civil Procedure are complementary but not..Category: Business or Commercial Law | Date: | Hits: 82
Abdul Kader Mirza and others. Vs. Bangladesh and others, 2007, 36 CLC (AD)
....d the Druto Bichar Tribunal are directed to dispose of the aforesaid respective cases speedily and in accordance with law. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 185. ......iamentary election held on October 1,2001 and incurred anger and displeasure of the leaders of the ruling BNP-Jamaat Four-Party Alliance and because of satisfied against the writ-petitioner under the provisions of Druto Bichar Tribunal Ain, 2002. Accordingly, the vires of sections 5 and 6 of the Dru..Category: Criminal Law | Date: | Hits: 59
Unilac Sanowara (BD) Ltd. Vs. Bonlac Foods Limited and another, 2008, 37 CLC (AD)
....nt is liable to be rectified. It was stated that the respondent is required to produce the originals of all the annexures to the application and prove the same in accordance with law. ......ng of the word 'Diploma' and accordingly, the same was registered in favour, of the appellant under Application No. 33243 of 11th August, 1991 for Powdered Milk in complete derogation of the provisions laid down in Sections 10(1) and 8(a) of the Trade Marks Rules, 1963 where there is prohi..Category: Intellectual Property Law | Date: | Hits: 245
Mamunur Rashid Mamun and another Vs. Bangladesh and others, 2007, 36 CLC (AD)
....ccordingly, allowed. The matter is sent back to the High Court Division for hearing and disposal by the learned Third Judge. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 158. ......01 and the Rules issued in other writ petitions were made absolute in part holding that sections 16(1 )(2) and 18(Kha) of the Public Safety (Special Provisions) Act, 2000 are inconsistent with the provisions of the Constitution and the aforesaid sections of the Act were struck down. Since the ma..Category: Criminal Law | Date: | Hits: 43
Bangladesh Vs. Iqbal Hasan Mahmood Tuku, 2008, 37 CLC (AD)
....ore maintainable. In view of the foregoing discussions the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 147. ......Mr. Fida M Kamal, the learned Attorney-General for the appellants and Mr. Ajmalul Hossain, QC for the respondent. 8. Income tax, charged, levied, paid and collected in accordance with the provisions of the Income Tax Ordinance 1984 in respect of the total income of the income year or in..Category: Fiscal/Taxation Law | Date: | Hits: 97
Government of Bangladesh Vs. Md. Ayub Ali and another, 2007, 36 CLC (AD)
....re therefore of the view that the taking over and vesting of the suit lands covered by the aforesaid Civil Appeal and Civil Petition for Leave to Appeal were not made in due compliance of the mandatory requirements under sections 7 and 11 of the Private Forests Act. 1945. In this view of th...... 7. Leave was granted to consider the submission that the suit land having been vested in the Government as forest land by gazette notification No. 768/For/dated 3-6-1958 under the provisions of sections 7 and 11 of the Private Forests Act, 1945 for 100 years and the Forest Depar..Category: Property Law | Date: | Hits: 23
Mrs. Rawshan Ara Begum Vs. Mst. Sufia Begum, 2007, 36 CLC (AD)
....tant Judge, Habigonj against the defendant-petitioner, Mst. Rowshan Ara Begum, praying for declaration that the child as described in the schedule to the plaint was born of the plaintiff and for a mandatory injunction directing the defendant-petitioner to handover the child to the custody o......correct decision. There is, therefore, no warrant in law to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 407. ..Category: Civil Law | Date: | Hits: 128
Harun-al-Rashid Mollah and others Vs. Bangladesh, 2006, 35 CLC (AD)
....he suit land on the basis of alleged settlement and accordingly, no interference is called for. The petition is dismissed. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 79. ......s produced support the plaintiff's title; in the decision reported in 45 DLR (AD) 112 the Appellate Division has held that how far a judgment passed in an ex-parte proceeding is to comply with the provisions of Order XX, rule 4(1) of the Code of Civil Procedure will depend on facts of each case ..Category: Property Law | Date: | Hits: 31
Md. Hyder Ali Mia Vs. Razia Begum and others, 2006, 35 CLC (AD)
....on to interfere with the above decision. So, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 75; 12 BLC (AD) (2007) 75. ......ssions that the High Court Division erred in holding that the summons were not served upon defendant No.1 as there was no tender of the same upon her and that the High Court Division overlooked the provisions of rule 15 of Order V and also rule 3 of Order III of the Code of Civil Procedure, and s..Category: Property Law | Date: | Hits: 33
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