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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.......er, they had medical check up on 21.11.2001, 22.11.2001 and 25.11.2001 by the renowned doctors of Chittagong Medical College. The said doctors certi­fied that the appellants have undergone necessary investigation and opined that the appellants are found to be very fit for doing their respective dut..

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

Md. Alamgir Hossain and others Vs. Bangladesh Bank, repre­sented by the Governor and others, 2009, 38 CLC (AD)

....esh Bank forcibly entered into the Chamber of the Chairman of Bangladesh Bank and demanded some illegal claim to him and abused the Governor of Bangladesh Bank. The General Manager, Human Resources Department, Bangladesh Bank, on 30.03.2003 stating the occur­rence taken place on 28.10.2003 gave a p...... instead of resorting to the shortcut pro­vision of rule 13(ii) of the Regulations, 2003. Accordingly, the petitions are dis­posed of. Ed. This Case is also Reported in: VII ADC (2010) 799. ..

Category: Administrative Law | Date: | Hits: 215

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

....h, the petitioner filed a criminal case being No. CR No. 1305 of 2001 before the Chief Metropolitan Magistrate, Dhaka and by his order 10 (ten) items of sanitary fittings manufactured by the opposite party No. 1 were seized. It is stated that since the registration of the mark 'Lucky' for the sanita......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. ..

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

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

.... cancellation of the sanction by the Administrator was illegal and void and not binding upon him. 7. On the aforesaid pleadings, issues regarding maintainability of the suit, limitation, defect of parties and validity of the deeds of sale, etc. were raised. The plaintiff examined 3 witnesses whil......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...

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

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

....t of intercourse. Therefore, there was no offence of rape. He then referred 57 DLR 591; The alleged victim's deposition in reply to cross-exami­nation tore clear manifestation of her being a willing partner in regular intercourse with the appellant. The first information report and her examination-......simplicity, made her understand that there was marriage and then committed rape upon her and demanded Taka 5,00,000 and refused to say that there was any existence of marriage. 3. The police after investigation submitted charge sheet on 18-4-2005 under section 9(1) of the Nari-o-Shishu Nirjatan D..

Category: Criminal Law | Date: | Hits: 44

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

....ard their age. Accordingly, a letter was written vide Memo No. 1382 cri dated 30-10-2004 for determining the age of the accused persons. Two reports are found in the record which were sent from the Department of Forensic Medicine, Khulna Medical College, Khulna vide Memo No. KMC/FM/ML/2004/85 dated ......d. Latafath Hossain rushed there and found the dead body of his son and that they brought the dead body at the house. Hence this case was instituted. The police on receipt of FIR, after holding an investigation submitted charge sheet in the case against the convict appellant Md. Rahamatullah and ..

Category: Criminal Law | Date: | Hits: 32

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

.... of the case, since in the year 2002 Bangladesh Nationalist Party (BNP) was in power, Moreover, he submitted, there is nothing on record to show that Uzzal was a member of the BNP or that he took any part in the demolition of the Bangabandhu Club House. He therefore, prayed for confirmation of the s......t was sent to the morgue for postmortem examination. A separate case, being Putia Police Station Case No. 22 dated 19-2-2002 under section 306 of the Penal Code, was also instituted. After completing investigation of the informant's case, police submitted final report in the UD case and submitted ch..

Category: Criminal Law | Date: | Hits: 35

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

.... 29. He was not cross-examined by the defence on behalf of the accused-appellants. 30. PW 11 SI Md. Mozharul Islam is the second Investigating Officer who stated that he per­formed the partial investigation of the case. He interrogated 5 witnesses of whom he recorded the statement of ......st information report Raypura PS Case No. 25 dated 22-12-2000 under sections 7/9(3) of the Nari-o-Shishu Nirjatan Ain, 2000 was started and Sub-Inspector Azaharul Islam (PW 10) was entrusted with the investigation of the case. During the investigation he visited the place of occurrence, prepared ske..

Category: Criminal Law | Date: | Hits: 42

Hazrat Ali alias Dulal Vs. State, 2007, 36 CLC (HCD)

....2005 passed by the High Court Division in Jail Appeal No.605 of 2004, made threefold submissions. Firstly, she submitted that in view of the evidence of PWs who are police officers and interested and partisan in nature and there being no disinterested and independent witnesses and to prove the exclu......and 19(f) of the Arms Act relat­ing to alleged recovery of firearms and ammuni­tions, dagger etc, from their possession. 3. At the trial the prosecution examined 9 (nine) witnesses including the investigation officer. Defence examined no witness. The defence case, as it appears from the trend o..

Category: Criminal Law | Date: | Hits: 43

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

....amination he admitted that accused-appellant is his brother by village courtesy. He was cross-examined by the defence. 15. PW 6 Md. Rezaul Karim is a police witness and a member of the raiding party who narrated the entire occurrence as it has been deposed by PW 1, the informant. He stated th...... not produce any valid paper in respect of said arms and ammunition. On the basis of above allegation the instant case started. 3. After recording of the first information report the charge of investigation was entrusted to Sub-Inspector Hasan Imam (PW 9} who on getting the responsibility vis..

Category: Criminal Law | Date: | Hits: 42

Anisur Rahman Gazi alias Anisur alias Chhotu Vs. State, 2007, 36 CLC (HCD)

....ay be a case of plantation for which the accused-appellant should be given benefit of doubt. From the evidence on record we find that the seizure list shows the place of recovery is the south-east part of the dwelling hut of the accused-appellant from where the alleged arms and ammunition were ......g rise to the instant case. 3. On receiving of the first information report the Tala PS Case No. 1 dated 1-3-1997 under section 19(A) and 19(f) of the Arms Act was started and police after investigation submitted charge sheet against the accused-appellant. 4. Thereafter, the case ..

Category: Criminal Law | Date: | Hits: 34

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

....be adjusted in the current account as drawback under section 13( 1) of the VAT Act. 7. He also placed a copy of the annual budget for the relevant year 2005-06 to show us that said IDSC formed part of the consolidated fund under Article 83 of the Constitution. 8. Mr. Salauddin Ahmed, l......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...

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

Superintendent Engineer, PWD & another Vs. A Mahiuddin and others, 2007, 36 CLC (HCD)

....ession in the suit land being lease holder with a prayer for permanent injunction against the defendants. 3. The case of the plaintiff, in short, is that the suit land originally belonged to the Department of Public Works under Ministry of Public Works; that on 27-3-1986 the plaintiff, Md. Mohiud......e and the judgment and decree dated 4-3-2002 passed by the learned Joint District Judge, is hereby affirmed. Send down the LCR at once. Ed. This Case is also Reported in: 59 DLR (2007) 476. ..

Category: Property Law | Date: | Hits: 28

Abdul Aziz Master (Md) and others Vs. State, 2005, 34 CLC (HCD)

....ake proper steps as per observations made in the body of the judgment. The order taking cognisance by the learned Sessions Judge is quashed. Ed. This Case is also Reported in: 59 DLR (2007) 468. ......dge and the learned Sessions Judge ordered the application filed by the father of the deceased to be treated as statement under section 161 of the Code of Criminal Procedure in the case. Police after investigation submitted charge sheet on 1-5-2002 against Abdul Jabbar under section 302 of the Penal..

Category: Criminal Law | Date: | Hits: 33

Mark Builders Limited Vs. Commissioner of Taxes, 2007, 36 CLC (HCD)

....imple interest of Taka 3,79,746 payable thereon. Against the said order of assessment, the applicant preferred an appeal before the Commissioner of Customs (Appeals), Dhaka, who allowed the appeal in part giving some relief by his order dated 28-3-2001. Being not satisfied, the applicant took furthe......r observations. Let a copy of this order be also sent to the Chairman of the National Board of Revenue for guidance and proper action. Ed. This Case is also Reported in: 59 DLR (2007) 463...

Category: Fiscal/Taxation Law | Date: | Hits: 99

Iqbal Hossain Mollah Vs. Director, Plant Protection Wing and others, 2006, 35 CLC (HCD)

....istributor of foodgrains and crops including table potatoes through his proprietorship concern named and styled "M/s Panama Extension". The respondent No.1 is the Director, Plant Conservation Wing, Department of Agricultural Extension, the respondent No.2 is the Director General, Depart­ment of Agr......led on behalf of the petitioner in accordance with law expeditiously. Communicate the judgment to the concerned authority at once. Ed. This Case is also Reported in: 59 DLR (2007) 458...

Category: Business or Commercial Law | Date: | Hits: 219

Masudur Rahman Vs. Secretary, Ministry of Law, Justice & parliamentary Affairs & ors., 2003, 32 CLC (HCD)

....as Nikah Registrar by-furnishing false and fraudulent statements of fact and by actively conniving with the concerned offi­cials of the Ministry of Law, Justice and Parlia­mentary Affairs to open a part file on the matter by suppressing material facts. It is further stated that subsequently when t......ders of stay is recalled and vacated. Send a copy of this judgment to the respondent No. 3 for information and necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 448. ..

Category: Civil Law | Date: | Hits: 77

Jatio Mahila Ainjibi Samity Vs. Government of the People's Republic of Bangladesh and others, 2006, 35 CLC (HCD)

....minal Miscellaneous Case No. 3353 of 2006. Judgment Nazmun Ara Sultana J.- This Rule was issued on an application under section 491 of the Code of Cri­minal Procedure calling upon the opposite parties to show cause as to why the detenu Nazma Akhter who is now being detained in "Nirapad Abason......accused persons abducted Nazma Akhter and kept her confined in different places and committed rape on her against her will. On the basis of the said ejahar the case was started and the police took up investigation of the case and during investigation the police recovered the alleged victim Nazma Akh..

Category: Criminal Law | Date: | Hits: 41

Md. Ali Vs. State, 2007, 36 CLC (HCD)

..... Judgment Md. Abdul Quddus J.- Rule was issued at the instance of convict appel­lant petitioner Md. Ali under section 439 of the Code of Criminal Procedure calling upon sole State-oppo­site party represented by Deputy Commissioner, Chittagong as to why the Judgment dated 2-9-04 by Metropol......ficer SI Khaled Hossain received FIR and started PS case as above. SI Khaled Hossain prepared seizure list in presence of witnesses in the thana. Accused were sent to custody. SI Khaled Hossain after investigation submitted charge sheet under section 19(1) 3(ka), Narcotics Control Act 1990 against a..

Category: Criminal Law | Date: | Hits: 30

Zamir Ali (Md.) and others Vs. State, 2007, 36 CLC (HCD)

....i on 16-8-1999.at 3-00 PM convened a meeting in a nearby field of her residence where a lot of people of his quarter gathered and before the conclusion of the meeting the said Jamir Ali called on the participants of the meeting to attack the house of the informant, alleging that the informant's fami...... Rahman. The accused persons destroyed the household goods and articles valued at Taka 50 lac. The informant prayed for taking necessary action against the accused persons. 3. The police commenced investigation through SI Gunendra Dev who visited the place of occurrence, seized alamat, examined t..

Category: Criminal Law | Date: | Hits: 30