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Shah Alam and others Vs. State, 2000, 29 CLC (HCD)
....991 corresponding to Kotwali PS Case No. 24 dated 09-08-1991, convicting the accused-appellants along with three others under section 395 of the Penal Code and sentencing them to suffer rigorous imprisonment for seven years each and also to pay a fine of Taka 1,000.00, in default to suffer rigorous ....... 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. ......ainst the accused-appellants and 12 others under sections 395/397 of the Penal Code, since prima-facie case was made out against them. 4. The case record ultimately came to the file of the present trial Court who on the basis of materials available on record framed charge against the accused-appe....... 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)
....llowable deduction from the income of the applicant. (ii) Whether in the facts and circumstances of the case the learned Taxes Appellate Tribunal was right in holding that giving loans to others ipso facto is a ground for disallowing the claim for interest in respect of capital borrowed for the p......pplicant and being aggrieved by the aforesaid judgment of the Appellate Tribunal the assessee applicant preferred the aforesaid reference under section 160 of the Income Tax Ordinance, 1984 hereafter called “The Ordinance” and raised the following questions for our opinion: (i) Whether in the......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. ......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—..Category: Fiscal/Taxation Law | Date: | Hits: 135
Kamruzzaman (Md.) alias Zaman Vs. State, 2000, 29 CLC (HCD)
....aman. 2. Motihar PS Case No.2 dated 6-3-2000 was started against the appellant upon an Ezahar that the appellant was engaged in smuggling of antiquities and narcotics. So a contingent of Police personnel under the leadership of Inspector of police Mobarak Hossain ambushed his house. Sub-Inspector......har, District-Rajshahi be enlarged on bail in Motihar PS Case No.2 dated 6-3-2000 to the satisfaction of the District Magistrate, Rajshahi. Ed. This Case is also Reported in: 52 DLR (2000) 556. ......ode and in the Special Powers Act leads us to only one conclusion that the legislators felt it necessary and expedient to include those Penal Code offences into the Special Powers Act for more speedy trial and effective punishment and that is why those were included in the subsequent special enactme...... Aziz J Md. Abdus Salam J Kamruzzaman (Md.) alias Zaman………….Appellant Vs. State…………..Respondent Judgment June 8, 2000. Cases Referred To- Md. Mokhlesur Rahman and another Vs. State, 14 BLD 127; Kabil Miah and others Vs. the State 14 BLD 432 = 46 DLR 463; Khal..Category: Criminal Law | Date: | Hits: 72
Bally Schutrabriken Ag, Switzerland Vs. Hosnara Begum, 1999, 28 CLC (HCD)
....o.1 will pass off as the goods of the higher quality of the appellant and as a result the innocent and unwary public will be deceived as a result thereby apart from the fact that the appellant will also suffer irreparable loss and injury in their trade and reputation. The appellant has given world w......tries of the world. To protect and safeguard their right, interests and titled to such trade mark in Bangladesh the appellants applied for its registration to the Registrar of trade marks hereinafter called “the Registrar” and that application has been numbered as 16272 in Class-25. It is furthe......ined to interfere with the impugned judgment and order. The Court fees paid are correct. The appeal is accordingly dismissed with costs. Ed. This Case is also Reported in: 52 DLR (2000) 546. ...... (2000) 546. ..Category: Intellectual Property Law | Date: | Hits: 210
....was dismissed by the judgment and order dated 28.02.1985 vide exhibit ‘Gha’. The Appellate Division directed the present appellant (defendant No. 1 and 2 of the instant suit) to make payment of a solatium of Taka 1,00,000/- within 30 days from the date of the order. As such the plaintiff of the ......the suit land in favour of appellants through court.
The office is directed to send down the lower Court’s record at once.
Md. Rais Uddin J.- I agree.
Ed.
This Case is also Reported in:
...... due execution of agreement by the sellor and payment of earnest money or entire consideration money. In the earlier suit those requirements have been proved and the judgment and decree passed by the trial court allowing specific performance of contract has been affirmed by the appellant Division. N...... I agree.
Ed.
This Case is also Reported in:
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Category: Property Law | Date: | Hits: 110
Bangladesh Legal Aid and Services Trust (BLAST) and another Vs. Bangladesh, 2010, 39 CLC (HCD)
.... Affairs, Government of the People's Republic of Bangladesh, Bangladesh Secretariat, Dhaka and others .......................Respondents Judgment March 2, 2010. Result: The Rule is made absolute in part. Cases Referred to- Sheela Barse and another Vs. Union of India and others, AIR......ferent ways under different circumstances. The members of the public who are against the death penalty usually may change their views if in a certain case they are the victims of any occurrence which called for the death penalty. Murder is a very abhorrent act, but still there are citizens who will ...... Mahmudul Islam, learned advocate, who appeared as amicus curiae. 5. The facts of the case brought against the convicted detenu are no longer of much relevance since on the evidence adduced at the trial the guilt of the accused was accepted as proved beyond doubt and the sentence of death awarded...... 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)
....bail of the appellant. 2. Prosecution case 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 app......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: ......here but the arms was not recovered from the exclusive possession and control of the appellant and the appellant has got fair chance of acquittal in this case and there is no certainty as to when the trial will be commenced and as such the appellant may be enlarged on bail. 6. The learned Assista......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 ..Category: Criminal Law | Date: | Hits: 91
Md. Nurul Hakim @ Md. Noor Hakim Vs. State, 2011, 40 CLC (HCD)
....overed attached to the body of the bus which was coming from Teknaf to Cox’s Bazar at about 10.30 p.m. on 2.5.10 and the appellant, a passenger of the bus was arrested along with other 3 accused persons alleging that they were the owner of the articles and FIR was lodged under section 19 A of the ......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: ......earned advocate appearing for the appellant submits that in this case charge was framed on 03.10.2010 and till the last date not a single witness was examined and there is no certainty as to when the trial will be commenced. He further submits that on perusal of the seizure list along with FIR since......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..Category: Criminal Law | Date: | Hits: 57
Shahadat Hossen Vs. State, 2011, 40 CLC (HCD)
....ng the prayer for bail of the appellant. 2. Prosecution case, in short is 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 mosq......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: ......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..Category: Criminal Law | Date: | Hits: 41
Ershad Ali Vs. State, 2000, 29 CLC (HCD)
..... Chandpur PS Case No.11 dated 11-2-99 was started against the appellants and 2 others upon allegation that while doing patrol duty at Merkatiz Road, Puranbazar Chandpur a police party found 10/12 persons running away. They got suspicious and gave a chase. Two (2) of those fleeing away i.e. the appe......n of the District Magistrate, Chandpur. The learned tribunal will however be at liberty to cancel bail if there is any misuse of the same. Ed. This Case is also Reported in: 52 DLR (2000) 544.......Aziz J Md. Abdus Salam J Ershad Ali…..………….Appellants Vs. State……………Respondent Judgment June 4, 2000. Cases Referred To- Ocean Industries Ltd. Vs. Industrial Development Bank 18 DLR (SC) 354 and PLD 1966 (SC) 938; Dira Dockyard and Engineers Ltd. and o......Ali…..………….Appellants Vs. State……………Respondent Judgment June 4, 2000. Cases Referred To- Ocean Industries Ltd. Vs. Industrial Development Bank 18 DLR (SC) 354 and PLD 1966 (SC) 938; Dira Dockyard and Engineers Ltd. and others Vs. Bangladesh Shilpa Rin Sangsth..Category: Criminal Law | Date: | Hits: 38
Shakainath Mohanta Vs. Md. Tatikuddin Mondal and others, 1999, 28 CLC (HCD)
....g all material allegations of the plaint and contended inter alia that the plaintiff has filed the present suit with false and frivolous allegations for illegally grabbing the suit property. It was also contended that the suit property has become a vested property by operation of law and the plainti......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....... plaintiff- petitioner long ago at the time of hearing of Civil Revision No.108/1989 (Rangpur)/Civil Revision No.1507 of 1991 (Dhaka) and as such the application is barred by limitation. 7. At the trial the plaintiff-petitioner examined one witness and the contending defendant examined 2 witnesse......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..Category: Property Law | Date: | Hits: 73
Habib Bank Ltd. Vs. Eastern Bank Limited and another, 1999, 28 CLC (HCD)
.... by any Bank Security or Bank Guarantee. Since this provision of law has got public importance of far reaching effect, we are of the view that we should decide the matter after taking assistance from some Senior learned Advocates from the Bar. As such Mr. Rafique-ul Huq, Bar-at-law and Dr. M Zahir a......l be registered if it is otherwise in order. The assistance rendered by the two learned Senior Advocates of the Bar is highly appreciated. Ed. This Case is also Reported in: 52 DLR (2000) 537.......e decretal amount to the Court before filing the present appeal. 2. It appears that the appellant instead of depositing the half of the decretal amount in Court submitted Bank Guarantee before the trial Court and the trial Court accepted the same. Now the question arises as to whether Bank Guaran......537...Category: Civil Law | Date: | Hits: 87
Asaduzzaman (Md.) Vs. Md. Salamatullah & others, 1999, 28 CLC (HCD)
....AD) 175; Arifur Rahman alias Bablu Vs. Shantosh Kumar Sadhu, 46 DLR (AD) 180; Mohadeo Proshad Vs. State of West Bengal, 1954 Cr LJ (SC) page 1806; Syed Ali Mir v Syed Omar Ali as 1990 BLD (AD) 168 (also in 42 DLR AD) 240. Lawyers Involved: Not represented—the Petitioner. SS Halder with Pr......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....... present case before us. 14. The learned Advocate for the opposite party complainant has submitted that though the dates are not specifically mentioned in the petition of complaint, at the time of trial, the complainant may make specific allegation by mentioning the dates on which the transaction......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..Category: Criminal Law | Date: | Hits: 46
Tarique Rahman Vs. Director General, Bureau of Anti-Corruption, 1999, 28 CLC (HCD)
.... 6. Section 4 of the Anti-Corruption Act, 1957 provides that when the Government, on receipt of information and after making such enquiries as it may deem, necessary, is satisfied that there is reason to believe that any person or any other person on his behalf is in possession of pecuniary resou...... 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. ......se the scheme of the Special Powers Act, 1974 and the Anti-Corruption Act, 1957 are widely different. Firstly, under section 3 of the Special Powers Act a person can be put behind the bar without any trial if the Government is satisfied that his detention is necessary in order to prevent him from in......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..Category: Criminal Law | Date: | Hits: 69
Abdur Rahim Chowdhury Vs. Bangladesh Bank, Dhaka and others, 1997, 26 CLC (HCD)
.... for amendment as prayed for is allowed and made a part of the prayer. 3. The petitioner’s case is as follows: He comes from a respectable family of Chittagong and took up a career of banking soon after his graduation in 1964. He joined the then Standard Bank in 1964 as a junior executive an....... Power of Bangladesh Bank to remove directors etc. from office.- (1) Where the Bangladesh Bank is satisfied that it is necessary to remove the Chairman, director or chief executive, by whatever name called, of a banking company in the public interest or to prevent the affairs of a banking company b......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..Category: Employment/Service Law | Date: | Hits: 79
Sayed Nurul Hossain Vs. Secretary, Ministry of Industries, 1998, 27 CLC (HCD)
....had been performing his duties most satisfactorily. However suddenly he received the memo dated 29-6-92 (Annexure-C), issued from the office of respondent No.2 whereby without showing any cause or reason whatsoever, was informed that his appointment as Project Director has been cancelled with immedi......ointment could be cancelled by the respondent Nos. 1 & 2 and accordingly, we find no illegality in the impugned order cancelling re-employment of the petitioner and accordingly no interference is called for. In the result the Rule is discharged without any order as to costs. Ed. This Cas......BSTI being established by statute is very much “local authority” as defined in section 2(d) of Act of 1974. Further, in the case of A Z Rafique Ahmed Vs. Bangladesh Council of Scientific and Industrial Research and others reported in 32 DLR (AD) 83 similar issue as to definition of local authori......zul Islam J Sayed Nurul Hossain…….. Petitioner Vs. Secretary, Ministry of Industries.……………...Respondents Judgment June 8, 1998. Cases Referred to: Managing Director and Chairman National Bank of Pakistan vs. Ataul Huq, 17 DLR (SC) 74; 13 DLR (HC) 805, 29 DLR (SC) 2..Category: Employment/Service Law | Date: | Hits: 117
Shahidul Vs. State, 1998, 27 CLC (HCD)
....arned Tribunal by the judgment and order dated 28-9-97 convicted the accused petitioner and 2 others under section 4 of the Explosive Substances Act and sentenced each of them to suffer rigorous imprisonment for 10(ten) years and also to pay a flue of Taka 500.00 in default to suffer simple imprison......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.......PS Case No. 37 dated 27-4-1996 should not be quashed and/or pass such other or further order or orders as to this Court may seem fit and proper. 2. The accused petitioner and others were placed on trial before the Court of Special Tribunal No, 7, Khulna in Special Tribunal Case No.227 of 1996 and......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)..Category: Criminal Law | Date: | Hits: 33
Ekramul Huq @ Bachchu and another Vs. State, 1999, 28 CLC (HCD)
....l Haque J. - This appeal at the instance of two convicts who were convicted by the learned Sessions Judge, Feni in Sessions Case No.7/92 under sections 302/201 of the Penal Code and sentenced to imprisonment for life and to pay a fine of Taka 5,000.00 in default to suffer RI for 6 months more. 2.......ribunal may consider the question of granting bail to the accused persons if such application is made. Send down the LC records at once. Ed. This Case is also Reported in: 51 DLR (1999) 219. ......e investigation officer under sections 302/201 of the Penal Code against the eight accused including the present appellants and charge was also framed against them under those sections at the time of trial. Both the appellants made statement under section 164 Cr.P.C. and on the basis of their statem......once. Ed. This Case is also Reported in: 51 DLR (1999) 219. ..Category: Criminal Law | Date: | Hits: 90
Amora Holding Inc. Vs. Bangladesh, 1998, 27 CLC (HCD)
....NS Tamjeed started firing at the vessel indiscriminately in the darkness and as a result of the said firing the vessel was damaged very badly and the Master and the Chief Officer of the vessel were also seriously injured and the customs officials after boarding on the vessel from BNS Tamjeed found t......llowed. The office is directed to return the above certified copies alter furnishing of the Photostat copies of the same by the petitioner. Ed. This Case is also Reported in: 51 DLR (1999) 211. ...... raised was accepted by the Judicial Committee and Lord Modermoti observed as follows: “The effect of a verdict of acquittal pronounced by a competent Court on a lawful charge and after a lawful trial is not completely stated by saying that the person acquitted cannot be tried again for the sam......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..Category: Admiralty Law or Maritime Law | Date: | Hits: 198
Md. Ashraf and others Vs. State, 2011, 40 CLC (HCD)
....esponding to Potenga P.S. Case No.03 dated 06.02.2010 under section 19(A) and 19(f) of the Arms Act, rejecting the prayer for bail of the appellants. 2. It is submitted that although 30 accused persons including the appellants were alleged to be arrested with 2 arms and some ammunition considerin...... to cancel the bail, if the accused appellants misuse in any way the privilege of bail. Communicate the order. Md. Ashraful Kamal J.- I agree. Ed. This Case is also Reported in: ......with 2 arms and some ammunition considering them they were engaged in piracy but there is no specific allegation against them of holding the fire arms of ammunition by any of the accused persons, the trial court even though rejected the prayer for bail on holding that there is a specific allegation ....... Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 60
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