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Nurul Islam Manzoor Vs. State, 2000, 29 CLC (HCD)

....uty Attorney-General with Anisul Haque Md. Mostafa, Assistant Attorney-General—For the State. Criminal Revision No. 557 of 1999. Judgment Md. Hamidul Haque J. - By this Rule, the opposite party was called upon to show cause as to why statement of the witnesses recorded section 161 of the...... are returned to one of the learned Advocates of the petitioners. Communicate the order to the Metropolitan Session Judge, Dhaka. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 276. ...... are returned to one of the learned Advocates of the petitioners. Communicate the order to the Metropolitan Session Judge, Dhaka. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 276. ..

Category: Criminal Law | Date: | Hits: 45

Salim (Md.) Vs. State, 2001, 30 CLC (HCD)

....convicting and sentencing accused appellant Md. Salim under section 302 of the Penal Code. Findings and decision: To appreciate the contentions raised by the learned Advocates of the contending parties, it is necessary for us to scrutinise the material evidence on record. 10. Informant Abdu......ne of Taka 5,000.00 in default, to suffer RI for a further period of 6 months is affirmed. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 54 DLR (2002) 359.......ne of Taka 5,000.00 in default, to suffer RI for a further period of 6 months is affirmed. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 54 DLR (2002) 359...

Category: Criminal Law | Date: | Hits: 53

Moinuddin Ahmed alias Farook Vs. Khursheda Begum and others, 2001, 30 CLC (HCD)

.... judgment and decree dated 16-2-98 passed by the learned Additional Assistant Judge, Second Court, Dhaka in Title Suit No. 96 of 1995. 2. Brief facts for disposal of the Rule are that the opposite-party No. 1, as plaintiff, instituted the above Title Suit No. 96 of 1995 stating, inter alia, that ......e non execution of the registered deed of lease, I find that since there was a letter of allotment and late Alimuddin performed all his obligations as required under the letter of allotment including payment of the lease money and subsequently his heirs are in possession of the suit property till fi......4 are possessing that land. Late Alimuddin also left one acre of land which the defendants are possessing jointly. The plaintiff wanted to build pucca building in Ka schedule property after obtaining loan from House Building Finance Corporation but due to non cooperation of the defendant Nos. 1-4, 1..

Category: Property Law | Date: | Hits: 32

Abdul Mannan (Md) Vs. Swaraj Roy and others, 2001, 30 CLC (HCD)

....asak & ors, 7 BLT (AD) 103; Mir Hasmat Ali vs. Birendra Kumar Ghosh, 16 DLR 239. Lawyers Involved: Md. Ismail, Advocate—For the Petitioner. Harendra Nath Nondy, Advocate—For Opposite party No. 1. Civil Revision No. 2467 of 2000. Judgment Md. Abdur Rashid J.- This Rule was o......t various times from 1925 and possessed. Lastly, the suit land was recorded in the name of his father during the survey under the State Acquisition and Tenancy Act and they have been in possession on payment of rents. In the present revenue survey also, his name was correctly recorded. In order to g......is affirmed. No order as to costs. The order of stay granted at the time of issue of the Rule is hereby re-called and vacated, Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 352. ..

Category: Property Law | Date: | Hits: 31

Khulna Newsprint Mills Limited Vs. Chairman, Labour Court, 1999, 28 CLC (HCD)

....was born in 1936 and at the time of his appointment, the Public Servant Retirement Act, 1974 was not in existence and he did not consider his date of birth would be a very serious factor in the later part of his service. He came to know that the petitioner-company started preparing a list of employe......impugned judgment and order passed by that Labour Court is set aside without any order as to costs. Let the LC Records be sent down Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 271.......impugned judgment and order passed by that Labour Court is set aside without any order as to costs. Let the LC Records be sent down Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 271...

Category: Labour and Industrial Law | Date: | Hits: 117

Amir Hossain Bhuiya (Md) Vs. Harisul Haq Bhuiya and others, 1999, 28 CLC (HCD)

....ught above suit against the defendants on the averments made in the plaint that he is an employee of the Urea Fertilizer Factory at Ghorasal (hereinafter referred to as the factory) of which opposite party Nos.1, 3, 4 and 5 are members with opposite party No. 2 as Chairman of the Election Upa-parish......f receipt of the lower court records. Stay granted earlier by this Court is in vacated. Send down the lower Court records at once Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 267.......f receipt of the lower court records. Stay granted earlier by this Court is in vacated. Send down the lower Court records at once Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 267...

Category: Labour and Industrial Law | Date: | Hits: 99

Mirpur Mazar Co-operative Market Society Ltd. Vs. Ministry of Works, Government of People’s Republic of Bangladesh and others, 1999, 28 CLC (HCD)

....ew the suit from the 1st Court of Assistant Judge and ordered its disposal by an appropriate Bench of the High Court Division in terms of Article 110 of the Constitution. 7. Each of the contesting parties examined one witness and exhibited documents in support of their respective cases. Plaintiff......) Ltd. registered on 6-4-93 is null and void. Let a copy of the judgment be sent t the Ministry of Law and Parliamentary Affairs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 263. ......) Ltd. registered on 6-4-93 is null and void. Let a copy of the judgment be sent t the Ministry of Law and Parliamentary Affairs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 263. ..

Category: Property Law | Date: | Hits: 72

Mirza Abdul Bari Beg and Others Vs. Zahidannessa and others, 2001, 30 CLC (HCD)

....vil Procedure against order dated 10-9-2000 passed by Senior Assistant Judge at Sadar in Rangpur Other Execution Case No. 2 of 1997. 2. Short facts for disposal of the Rule are on 13-5-81 opposite party No.1 and the predecessor of opposite party Nos. 2 to 7 as plaintiffs instituted Other Suit No.......ased on the basis of purchase in a revenue sale. A single bench held that by purchase in such sale, a purchaser purchased not the interest of the defaulting owner but that of the Crown subject to the payment of the Government assessment. What passes in such sale is the land and not the structures. I......d. The executing Court is directed to proceed with the execution by issuing again the writ for delivery of possession to the decree-holders. Ed. This Case is also Reported in: 54 DLR (2002)344. ..

Category: Property Law | Date: | Hits: 29

State Vs. Rashid Ahmed & others, 2002, 31 CLC (HCD)

....used persons, accused Rashid Ahmed and 17 others, being armed with deadly weapons like knife, kiris, lathis, etc. suddenly attacked him and started inflicting indiscriminate blows on him on different parts of the body. It has been alleged that accused Ashraf Ali gave two kiris blows aiming at the he......hittagong and the Deputy Commissioner, Chittagong for their information and necessary action. Send down the lower Court records at once. Ed. This Case is also Reported in: 54 DLR (2002) 333. ......hittagong and the Deputy Commissioner, Chittagong for their information and necessary action. Send down the lower Court records at once. Ed. This Case is also Reported in: 54 DLR (2002) 333. ..

Category: Criminal Law | Date: | Hits: 76

Delwar Hossain Khan Vs. Alhaj Rustum Ali & others, 2001, 30 CLC (HCD)

....ith Civil Revision No. 2617 of 2001. Judgment Md. Abdur Rashid J. - This order will dispose both the Rules, which arise out of the following facts and circumstances: 2. On 8-11-1994 opposite party Nos. 1 to 9 in the earlier Rule made an application under Order XXI rules 100 and 101 of the C......h pucca lavatory, bathroom, kitchen and four verandas, and let out to tenants. She got her name mutated in the revenue record as well as in the municipality, water and gas connection and possessed on payment of various rates, rents and taxes, and also through tenants. In October, she died leaving sa......lled and vacated. The executing Court is directed to take steps for expeditious restoration of possession to the claimants. Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 328. ..

Category: Property Law | Date: | Hits: 26

Mohammad Ali Vs. State, 2000, 29 CLC (HCD)

..... He further submits that the accused-appellant was neither First Information Report named nor he confessed his guilt inasmuch as nothing was recovered from his possession which may show that he took part in the occurrence. He then submits that saves and except the confessional statements of two co-...... down the LC record along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 245. ...... down the LC record along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 245. ..

Category: Criminal Law | Date: | Hits: 89

Solaiman Ali (Md.) trading as Aarman Soap Factory Vs. Md. Abul Hussain, trading as Munni Soap Dhaka and another, 2001, 30 CLC (HCD)

....a” for the first time in and applied for its registration to the Branch Trade Marks Registry, Chittagong under application No. C-7167 in class-3 on 23rd April, 1996 (Annexure-A). 3. The opposite party No. 1 imitated the trade mark of the petitioner and filed an application for registration of t...... Trade Marks in favour of the opposite party No. 1 is expunged from the register of Trade Marks. Let the register be rectified accordingly. Ed. This Case is also Reported in: 54 DLR (2002) 294. ...... Trade Marks in favour of the opposite party No. 1 is expunged from the register of Trade Marks. Let the register be rectified accordingly. Ed. This Case is also Reported in: 54 DLR (2002) 294. ..

Category: Intellectual Property Law | Date: | Hits: 167

Siddique Ahmed Vs. Bangladesh, represented by the Secretary, Ministry of Law, Justice and Parliamentary Affairs, 2010, 39 CLC (HCD)

....e –v-Bolto, 410 US 179 1973, Brown-v-Topeka Board of Education, 347 US 483 1954, Elyler-v-Doe, 457 US 202 1982, League of United Latin American Citizens-v-Wilson, 908 F. Supp. 755 C.D. CAL. 1995, Department of Human Resources-v-Smith, 494 US 872 1990, Cooper–v-Aaron, 358 US i 1958 17, E.I. Apthe......he certificate asked for, which is hereby issued. There is however, no Order as to cost. Sheikh Md. Zakir Hossain J.- I agree. Ed. This Case is also Reported in: 63 DLR (2011) 565. ......he certificate asked for, which is hereby issued. There is however, no Order as to cost. Sheikh Md. Zakir Hossain J.- I agree. Ed. This Case is also Reported in: 63 DLR (2011) 565. ..

Category: Constitutional Law | Date: | Hits: 482

Selim (Haji Md) Vs. Collector of Customs and others, 2001, 30 CLC (HCD)

....to impose, by notification in the official gazette, exempt any goods imported into, or exported from (Bangladesh), or into or from any specified port or station or area therein, from the whole or any part of the customs-duties chargeable thereon.” (2) An exemption granted under sub-section (1) ......oods cleared from a warehouse for home consumption under section 104, on the date on which the goods are actually removed from the warehouse; and (c) In the case of any other goods, on the date of payment of duty: Provided that if a bill of entry is presented in anticipation of arrival of a co......r the reasons and discussions made above, we find no merits in these Rules. In the result, the Rules are discharged. No order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 287...

Category: Fiscal/Taxation Law | Date: | Hits: 62

Shaikh (Md) Obaidullah Raihan Vs. Sayed Shahidul Haque Jamal and others, 2002, 31 CLC (HCD)

....1997 but suppressing those facts, respondent No.1 contested the last general election from constituency No.132 Barisal with Pirojpur. So, according to him, as the respondent No.1 was a defaulter, his participation in the election was illegal and though he was elected he cannot hold that post. 4. ......tion of disqualification and for the reason mentioned earlier, the Rule is liable to be struck out. In the result, the Rule is struck out. Ed. This Case is also Reported in: 54 DLR (2002) 280.......for foreclosure and was decreed and execution case has already been started. By referring to the decree of the suit, Annexure B (1), he has argued that the defendants mortgaged some property and took loan from Sonali Bank and as the loan was not repaid, the Bank instituted the suit for foreclosure. ..

Category: Election Law | Date: | Hits: 88

Nisha Rani Devi Vs. National Board of Revenue, Peoples Republic of Bangladesh and others, 1998, 27 CLC (HCD)

....giving credit for the tax paid in pursuance of the provisions of sub-section (1) of section 12. (3) If the Deputy Commissioner of Taxes is not so satisfied he may, after (calling for) such further particulars and such books of account and documents as he may require, determine the tax payable. ......nt the tax payable in respect of the sales made in (two or more) quarters of the same year. (6) Nothing contained in this section shall apply to a manufacturer or producer who is exempted from the payment of tax under sub-section (2) of section 8. Section 12(2): When any tax or penalty is p......and in that view of the matter cannot get any refund. In the result, the Rule is discharged without however any order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 230. ..

Category: Fiscal/Taxation Law | Date: | Hits: 69

Shah Alam (Md.) Vs. Abul Kalam and others, 2001, 30 CLC (HCD)

....oners made an application under section 96 of the State Acquisition and Tenancy Act being Miscellaneous Case No.18 of 1996 in the Court of Subordinate Judge, Second Court at Noakhali against opposite party No.1 preemption (purchaser) and others for preemption. The application was allowed ex parte on......s, the Court below allowed the application, set aside the ex parte order dated 16-4-98 and restored the original miscellaneous case for preemption to original file and number on the term, however, of payment of Taka 500 only to the preemptors within 50 days. 7. Mr. Ruhul Amin learned Advocate for......d 28-11-99 are hereby set aside. Order of stay as granted at the time of the Rule is recalled and vacated. Let the records be sent down. Ed. This Case is also Reported in: 54 DLR (2002) 277. ..

Category: Limitation Law | Date: | Hits: 175

Anil Kumar Ghosh Vs. Shamir Kumar Ghosh, 2001, 30 CLC (HCD)

....such distinctiveness that any reference to the trade mark “Baghabari Special Khati Gawa Ghee” referred to the product manufactured and marketed by the petitioner and none else. 4. The opposite party No.1 secretly filed an application for registration of the trade mark consisting of the words ......29 and No. 55568 in class 29 are expunged from the register of the Trade Marks and the Registrar is directed to rectify the same accordingly. Ed. This Case is also Reported in: 54 DLR (2002) 273.......29 and No. 55568 in class 29 are expunged from the register of the Trade Marks and the Registrar is directed to rectify the same accordingly. Ed. This Case is also Reported in: 54 DLR (2002) 273...

Category: Intellectual Property Law | Date: | Hits: 200

Tanveerul Haque Vs. Unistar Shipping Limited and ors., 1999, 18 CLC (HCD)

.... dated 8-9-1996 passed by the learned Subordinate Judge, 2nd Court Chittagong in Money Suit No. 31 of 1995, should not be set aside. 2. Brief facts for disposal of this Rule are that, the opposite party Nos. 1 and 2 as plaintiffs, filed Money Suit No. 31 of 1995 in the Court of Second Subordinate...... saw all the accounts and liabilities and then the Group B Directors were requested to put in funds according to their share holding so that all the liabilities could be met but they did not make any payment and then by letter to them on 11-5-1993 and subsequently by reminders dates 22-5-1993, 24-6-......int of Money Suit No. 31 of 1995 of the Subordinate Judge 2nd Court, Chittagong is hereby rejected. There will be no order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 215...

Category: Company Law | Date: | Hits: 197

Kalandiar Kabir Vs. Bangladesh and others, 2002, 31 CLC (HCD)

....ority to detain a person for maintaining the public safety and public order. Mr. Islam referred to the grounds for detention Annexure J of supplementary affidavit and has pointed out that in the last part it is mentioned that in consideration of the overall law and order situation in the country, th......ntral Jail, Dhaka is being held in custody without any lawful authority and he be set at liberty forthwith if not wanted in any other case. Ed. This Case is also Reported in: 54 DLR (2002) 258. ......ntral Jail, Dhaka is being held in custody without any lawful authority and he be set at liberty forthwith if not wanted in any other case. Ed. This Case is also Reported in: 54 DLR (2002) 258. ..

Category: Constitutional Law | Date: | Hits: 195