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State Vs. Al Hasib Bin Jamal alias Hasib and five others, 2007, 36 CLC (HCD)
....ent for Rupganj Thana area. There was agent for Dhaka Metropolitan area. He denied the suggestion that he did not use to circulate prospectus of Grameen Phone within Dhaka Metropolitan area. At the relevant time he used to go to the people for selling pre-paid mobile phone. He did not show any pro......taxi. He further said that he and others took away the deceased in critical condition to Dhaka Medical College Hospital by a vehicle. Sometime after her return to the park in search of some important papers he left there. At that time the police arrived in the park, seized percussion cap of cartridg...... High Court Division (Criminal Appellate Jurisdiction) Present: AKM Fazlur Rahman J Quamrul Islam Siddiqui J State……………..Petitioner Vs. Al Hasib Bin Jamal alias Hasib and five others……………..Convicts (sentenced to death) Judgment August 22, 2007. Cas......absconding accused Ali Hasib Bin Jamal @ Hasib, Almas and Anif Mahmud alias Aurango @ Anga. Send down the lower Court's records at once. Ed. This Case is also Reported in: 59 DLR (2007) 653. ..Category: Criminal Law | Date: | Hits: 40
Ali Ashraf Mia Vs. Chairman, First Court of Settlement and others, 2006, 35 CLC (HCD)
....interference by this Court. Accordingly, both the aforesaid Rules are discharged. There will be no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 640. ......nt and she has been paying rent regularly to the Government and that she has been residing in the said property till date. It has been further stated that the petitioner has made false and fabricated papers to support his claim on the property and, as such, the impugned order of the First Court of S...... Jurisdiction) Present: Tariq-ul-Hakim J Afzal Hossain Ahmed J Ali Ashraf Mia……………………..Petitioner Vs. Chairman, First Court of Settlement and others……………Respondents Judgment June 27, 2006. Lawyers involved:......ana, an SI of police, was given allotment of the property and she has been paying rent for the same and residing there till date. It has been further stated that the petitioner has created some false documents in respect of the case property and obtained ex parte decree from the court for specific p..Category: Property Law | Date: | Hits: 39
Executive Engineer, Roads and Highways Vs. Naderuzzaman and others, 2007, 36 CLC (HCD)
....cluding the decisions and Order XLVII, rule 1 of the Code of Civil Procedure. In the impugned order, it appears that the learned Joint District Judge reviewed his earlier order on the ground that the relevant rules of the Land Management Manual was not legally applied while deciding the appeal again......t the time of the issuance of the Rule and extended subsequently is vacated. Send down the lower court records. Ed. This Case is also Reported in: 59 DLR (2007) 637; 13 MLR (HCD) (2008) 137. ...... also Reported in: 59 DLR (2007) 637; 13 MLR (HCD) (2008) 137. ......t the time of the issuance of the Rule and extended subsequently is vacated. Send down the lower court records. Ed. This Case is also Reported in: 59 DLR (2007) 637; 13 MLR (HCD) (2008) 137. ..Category: Procedural Law | Date: | Hits: 75
Commissioner of Taxes Vs. Prime Bank Ltd., 2007, 36 CLC (HCD)
....ing the same to the Profit and Loss Account of the banking business? 6. Mr. Md. Zakaria Sarker, the learned Assistant Attorney-General appearing on behalf of the applicant, took me through the relevant provisions of the Ordinance and the orders of the income tax authorities and submitted that......peal to Appellate Division under section 162 of the Ordinance is rejected since we do not think that this is a fit case for appeal. Ed. This Case is also Reported in: 59 DLR (2007) 629. ......ibunal, which set aside the order 10-9-2000 passed by the Inspecting Additional Commissioner of Taxes adding so-called capital loss of Taka 18,15,67,643 to the total income of the respondent assessee and restored that of the Deputy Commissioner of Taxes. 2. The assessee is a banking company a......peal to Appellate Division under section 162 of the Ordinance is rejected since we do not think that this is a fit case for appeal. Ed. This Case is also Reported in: 59 DLR (2007) 629. ..Category: Fiscal/Taxation Law | Date: | Hits: 82
Abdur Rashid Miah and another Vs. Md. Zami Shah Newaz and others, 2007, 36 CLC (HCD)
....h above modification that the contentious signatures or writings are to be examined with admitted signatures. Ed. This Case is also Reported in: 59 DLR (2007) 625; 13 MLR (HCD) (2008) 317. ......h above modification that the contentious signatures or writings are to be examined with admitted signatures. Ed. This Case is also Reported in: 59 DLR (2007) 625; 13 MLR (HCD) (2008) 317. ......59 DLR (2007) 625; 13 MLR (HCD) (2008) 317. ...... 4-1-2000 the petitioners filed written objection stating,inter alia, that the appellants-opposite parties did not pray for comparison of the signature and thumb impression put in the disputed documents in the trial Court and that the learned trial Court decided the documents to be genuine an..Category: Property Law | Date: | Hits: 32
Udayan Garments (Pvt.) Ltd. Vs. Bangladesh and others, 2007, 36 CLC (HCD)
....ে, * * * * * *।" sub-section (4) says, "জারীর জন্য কোন নতুন মামলা প্রথম জারীর * * ।" (emphasis given) 31. From the above quoted relevant provisions of law it can clearly be discerned that the legislature while enacting this piec......rtificate under section 33(5) of the Ain in Writ Petition No. 6732 of 2004 are made absolute. However, there will be no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 615.......59 DLR (2007) 615.......rtificate under section 33(5) of the Ain in Writ Petition No. 6732 of 2004 are made absolute. However, there will be no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 615...Category: Constitutional Law | Date: | Hits: 168
Abdul Mannan Matubbar Vs. Bangladesh Water Development Board and others, 2007, 36 CLC (HCD)
.... submitted report and found the alleged works done by the petitioner by order of his superior Officers which absolves the petitioner of the charges brought against him and that inquiry report being a relevant aspect of the departmental proceeding in question against the petitioner was not produced b...... considering his explanation." Accordingly, the Rule is discharged, however, without any order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 610; 13 MLR (HCD) (2008) 51. ......gh Court Division (Special Original Jurisdiction) Present: Tariqul Hakim J Afzal Hossain Ahmed J Abdul Mannan Matubbar.........Petitioner Vs. Bangladesh Water Development Board and others.........Respondents Judgment April 23, 2007. Result: The Rule is discharged. ...... considering his explanation." Accordingly, the Rule is discharged, however, without any order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 610; 13 MLR (HCD) (2008) 51. ..Category: Employment/Service Law | Date: | Hits: 76
Angels Corporation (Pvt.) Ltd. and another Vs. Bangladesh and others, 2007, 36 CLC (HCD)
....ared to be not applicable in Title Suit No. 195 of 2002 pending before the Artha Rin Adalat No. 1, Dhaka against the petitioner under the provisions of the Artha Rin Ain, 1990. 3. Short facts, relevant for the purpose of disposal of the Rule, are that the respondent No. 3, Janata Bank, Corpor......sult, Rules in Writ Petition Nos. 6579 of 2004 and 6057 of 2005 are discharged without any order as to costs.Stay granted earlier stands vacated.Ed.This Case is also Reported in: 59 DLR (2007) 601. ......eported in: 59 DLR (2007) 601. ......d by the petitioner-Company the plaintiff-Bank sanctioned overdraft credit facilities to the tune of Taka 7,00,00,000. The petitioner-company on availing the said overdraft facilities executed charge documents, irrevocable general power of attorney and letter of guarantee as securities against the s..Category: Others | Date: | Hits: 104
Integrated Services Ltd. Vs. Commissioner (Current Charges), Customs and others, 2007, 36 CLC (HCD)
....lobalisation, execution of any document for transfer of shares to be stamped with such stamps in a foreign land is not any unusual phenomenon. Declaration or failure to declare by a passenger becomes relevant only when the goods involve any customs matter or offence, not otherwise. On the face of th...... authorized to examine any goods under the Customs Act. The passenger tried to take the stamps out of the country by concealing them and without declaration. The passenger failed to produce any valid papers. 14. It is further stated that the petitioner never submitted an application for tran......tatutory Original Jurisdiction) Present: Md. Abdur Rashid J Md. Miftah Uddin Choudhury J Integrated Services Ltd..............Petitioner Vs. Commissioner (Current Charges), Customs and others.....Respondents Judgment May 8, 2007. Lawyers involved: Akhter Imam with Zuba......n 18-10-2004 to the respondent No. 1 and requested for return of the detained stamps, Then, an Assistant Commissioner on behalf of respondent No. 1 asked the petitioner to appear with all necessary documents before respondent for personal hearing. Thereafter, the petitioner on 27-10-2004 sent a ..Category: Business or Commercial Law | Date: | Hits: 178
Manzu Sweeper Vs. State, 2005, 34 CLC (HCD)
.... transpires from the trend of cross-examination, is that of innocence and false implication. The definite case of the defence was that the appellant did not go to the grocery shop of Mafiz Mia at the relevant time and no counterfeit currency note was recovered from his possession. 6. In cour...... a copy of the judgment for information and taking necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 593; 13 MLR (HCD) (2008) 417. ...... legislation is to prevent using, selling or trafficking in any way in counterfeit or forged notes. The offence as made under section 25A of the Special Powers Act, 1974 is no doubt of serious nature and may entail with death, or imprisonment for life depending on the gravity of the offence. As the ...... a copy of the judgment for information and taking necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 593; 13 MLR (HCD) (2008) 417. ..Category: Criminal Law | Date: | Hits: 40
Mofidul Haque (Md) Vs. Bangladesh, 2006, 35 CLC (HCD)
....grieved person within the meaning of section 37 and 46 of the Trade Marks Act. Further contention as. raised by Mr. Hussain is, that the mark Liberty is not well-known trade mark and consequently the relevant provision of Article 6 of the Paris Convention is not at all attracted and the Paris Conven......, there is no merit in this appeal. The appeal must fail. The appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 588. ......y J Mofidul Haque (Md)…………………..Appellant Vs. Bangladesh……………..Respondents Judgment December 12, 2006. Cases Referred To- Haque and Company Ltd. Vs. Messrs Western Soap Factory and others,43 DLR 304; Sunil, Kumar Das vs. Canon K......ntication and registration the document cannot be said to be a fabricated document. Furthermore, no objection was initially taken by the appellant before the Tribunal about the admissibility of the documents filed under the affidavit sworn by the partner of the company, as it appears from the impu..Category: Intellectual Property Law | Date: | Hits: 198
A Wadud Member and another Vs. State, 2006, 35 CLC (HCD)
....s rejected by the Sessions Judge in Criminal Miscellaneous Case No. 2126 of 2002 but it appears from order dated 14-3-2002, that the accused petitioner obtained anticipatory bail from this Court. The relevant portion of the said order runs as follows: " অত্র মামলার হা......We find no substance in the Rule, In the result, the Rule is discharged. The order of stay granted by this Court is vacated. Ed. This Case is also Reported in: 59 DLR (2007) 586. ......: 59 DLR (2007) 586. ......We find no substance in the Rule, In the result, the Rule is discharged. The order of stay granted by this Court is vacated. Ed. This Case is also Reported in: 59 DLR (2007) 586. ..Category: Criminal Law | Date: | Hits: 29
Namita Rani Biswas and others Vs. Rabindra Nath Majhi and others, 2007, 36 CLC (HCD)
....is appeal from the judgment and order dated 9-10-97 of the District Judge, Khulna in Miscellaneous Case No. 176(A) of 1985, a proceeding under section 263 of the Succession Act, 1925. 2. Facts relevant for the disposal of the appeal are as follows: Surendra Nath Biswas, husband of Sudha Rani ......arned District Judge, Khulna is set aside and restored the grant of Letter of Administration. Send down the lower Court records. Ed. This Case is also Reported in: 59 DLR (2007) 579. ......Reported in: 59 DLR (2007) 579. ......arned District Judge, Khulna is set aside and restored the grant of Letter of Administration. Send down the lower Court records. Ed. This Case is also Reported in: 59 DLR (2007) 579. ..Category: Property Law | Date: | Hits: 68
Oriental Bank Ltd. Vs. Sitara Siddiq, 2007, 36 CLC (HCD)
....been examined as PW 1 in part, the trial Court is directed to dispose of the suit within three months from date of receipt of the Judgment. Ed. This Case is also Reported in: 59 DLR (2007) 573. ......been examined as PW 1 in part, the trial Court is directed to dispose of the suit within three months from date of receipt of the Judgment. Ed. This Case is also Reported in: 59 DLR (2007) 573. ........Plaintiff-Opposite-Party Judgment August 15, 2007. Cases Referred To- PP Gupta vs. East Asiatic Co. AIR 1960 (Allahabad), 184; Mahangu Prasad Sah vs. Pravag Sah, iAIR 1972 (Gauhati), 40 and Smt. Naufati vs. Mehma Singh, AIR 1972 (Punjab & Haryana), 421. Lawyers involved: Sayy......Court of the Joint District Judge, 5th Court, Dhaka, for declaration that she has no liabilities on account of Messrs Pan Asia Lines Ltd and a further declaration that she is entitled to get back her documents of properties as, described in the plaint. Further, she prayed for mandatory injunction ..Category: Civil Law | Date: | Hits: 82
Aziz Hasan and others Vs. Bangladesh, 2007, 36 CLC (HCD)
....basis of exemption of duty above 15% in cash and furnishing bank guarantee(s) for the balance between the two rates of exemption. 5. Dr. M. Zahir, learned Senior Advocate, took us through the relevant provisions of the Act and submitted that the Government acted beyond its jurisdiction in is...... not pay in cash the amount of money covered by respective bank guarantees within a period of thirty days of receipt of this order. Ed. This Case is also Reported in: 59 DLR (2007) 563. ......n: 59 DLR (2007) 563. ...... not pay in cash the amount of money covered by respective bank guarantees within a period of thirty days of receipt of this order. Ed. This Case is also Reported in: 59 DLR (2007) 563. ..Category: Fiscal/Taxation Law | Date: | Hits: 64
Enamul Haq (Md) Vs. Jatiyo Bishwabiddalay and others, 2007, 36 CLC (HCD)
....thority having no legal effect. The petitioner be allowed to join in a permanent post of Lecturer in Arabic. There is no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 556. ...... petitioner went to the office of the Registrar in charge to submit his joining letter. Dr. Mir Monzur Mahmud, Deputy Registrar (Administration) told him to submit his letter of appointment and other papers. The petitioner submitted not only his original letter of appointment but also the sole photo......ourt Division (Special Original Jurisdiction) Present: SM Hossain J Quamrul Islam Siddiqui J Enamul Haq (Md)………………………...Petitioner Vs. Jatiyo Bishwabiddalay and others…………………….Respondents Judgment March 15, 2007. Result: The Rule......thority having no legal effect. The petitioner be allowed to join in a permanent post of Lecturer in Arabic. There is no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 556. ..Category: Employment/Service Law | Date: | Hits: 65
Muhaiminul Hasan Khan Vs. Md. Nurul Islam Khan and others, 2001, 30 CLC (HCD)
....fresh and dispose of the original application for succession certificate in the light of above observations. Send down the records at once. Ed. This Case is also Reported in: 54 DLR (2002)156.......fresh and dispose of the original application for succession certificate in the light of above observations. Send down the records at once. Ed. This Case is also Reported in: 54 DLR (2002)156.......Court Division (Civil Revisional Jurisdiction) Present: Md. Abdur Rashid J Hasan Foez Siddique J Muhaiminul Hasan Khan........................Petitioner Vs. Md. Nurul Islam Khan and others…………… Opposite Parties Judgment December 10, 2001. Case Referred To- ......sion certificate on behalf of the minor son. 4. In support of their respective cases, Sarwat Jahan examined herself only as a witness and similarly, opposite party No. 1 examined himself Number of documents were adduced by the parties, which were marked as exhibits. 5. On consideration of the ..Category: Property Law | Date: | Hits: 36
Pubali Bank Limited Vs. Mazid and Co. and others, 2000, 29 CLC (HCD)
....ial circumstances for ends of justice has not been ousted by Artha Rin Adalat Act and the learned Subordinate Judge, considering the fact that because of transport strike all over the country at that relevant time the opposite parties could not attend the court on 17-3-93 exercised that power Mr. Ma......ost and the impugned order dated 31-3-93 passed by the Artha Rin Adalat, Narayangonj in Artha Rin Bandaki Case No. 93 of 1992 is set aside. Ed. This Case is also Reported in: 54 DLR (2002) 144. ......rt Division (Civil Revisional jurisdiction) Present: Md. Tafazzul Islam J Sikder Maqbul Huq J Pubali Bank Limited…………………………………….Petitioner Vs. Mazid and Co. and others…………………………..Opposite Parties Judgment December 3, 2000. ......ost and the impugned order dated 31-3-93 passed by the Artha Rin Adalat, Narayangonj in Artha Rin Bandaki Case No. 93 of 1992 is set aside. Ed. This Case is also Reported in: 54 DLR (2002) 144. ..Category: Procedural Law | Date: | Hits: 67
Bura Yunus and others Vs. State, 2007, 36 CLC (HCD)
....nation of more offences in one trial. Though there is no legal bar of separate trial of the accused for each separate offence but the policy underlying in sections 234 to 239, of which section 239 is relevant for our consideration, is not to cause undue harassment or confusion to the accused perso...... the charge under section 399 of the Penal Code. The appellants be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 59 DLR (2007) 549.......ase. Ed. This Case is also Reported in: 59 DLR (2007) 549....... the charge under section 399 of the Penal Code. The appellants be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 59 DLR (2007) 549...Category: Criminal Law | Date: | Hits: 90
Mahmudur Rahman and another Vs. Bangladesh Bank and others, 2006, 35 CLC (HCD)
....ocate, the said respondent wrote to the petitioner to furnish them resolutions of the Board of Directors of Modem Jute Mills Limited about the petitioner's resignation from the said Board and other relevant particulars including approval of the Joint Stock Companies regarding transfer of the petit......d to have been made without lawful authority and is of no legal effect There will be no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 540; 13 MLR (HCD) (2008) 353. ......in: 59 DLR (2007) 540; 13 MLR (HCD) (2008) 353. ......d to have been made without lawful authority and is of no legal effect There will be no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 540; 13 MLR (HCD) (2008) 353. ..Category: Banking Law | Date: | Hits: 124
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